LICENSING IN THE FIELD OF WASTE MANAGEMENT
It should be noted that the volume of licensing in the field of waste management is steadily declining. If in 2008 almost all organizations had to obtain appropriate licenses, then amendments in 2008 to Law No. 89-FZ significantly narrowed the range of business entities that require licensing, by defining the concepts of “waste collection”, “waste transportation”, introducing the term “waste accumulation”. Also, the management of hazard class V waste was removed from the scope of licensing.
Law No. 99-FZ, adopted in 2011, introduced significant changes to the system for licensing activities with waste I-IV classes danger. First of all, the list of licensed activities was further narrowed by excluding waste transportation from them.
The changes that have occurred in the field of waste licensing required the adoption of a new act of the Government of the Russian Federation establishing the procedure for its implementation.
The regulation on licensing activities for the collection, use, neutralization and disposal of waste of I-IV hazard classes was approved by Decree of the Government of the Russian Federation dated March 28, 2012 No. 255. Clause 1 of the Regulation establishes that the specified waste must be included in the Federal Classification Catalog of Waste (FKKO ). In accordance with one of the principles of licensing - the principle of establishing comprehensive licensing requirements for licensed types of activities (clause 4 of Article 4 of Law No. 99-FZ) - a new list of licensing requirements for activities related to waste management has also been established.
Quite unexpected changes in the licensing system occurred with the adoption of Federal Law No. 93-FZ dated June 25, 2012 “On Amendments to Certain Legislative Acts” Russian Federation on issues of state control (supervision) and municipal control.” This law abolished the need to license two more environmentally significant types of activities - the collection and use of waste, leaving in the list of types of licensed activities only their neutralization and disposal (storage and disposal).
Currently on legislative level The issue of completely abolishing licensing in the field of waste management and replacing it with mandatory membership of relevant legal entities and individual entrepreneurs in self-regulatory organizations (SROs) is being actively discussed.
STANDARDS IN THE FIELD OF WASTE MANAGEMENT
The regulation of waste generation and disposal is closely linked to payments for their disposal. However, as a result of the current Lately arbitration practice (which will be discussed below), it is not the enterprises that have approved PNOOLR or have the right of ownership of waste that pay for waste, but those who directly dispose of waste; accordingly, the question arises about the need to establish limits for organizations in whose activities such waste is generated . In these conditions, it seems advisable to set standards not for waste producers, but for waste disposal facilities, which will also act as payers of fees for negative impact on the environment.
It should be noted that at the turn of 2007-2008. A similar legal situation arose with licensing in the field of waste management: first, arbitration courts began to make decisions in favor of resource users that there was no obligation for each resource user to obtain a license for waste management, and subsequently, Law No. 309-FZ introduced corresponding changes to the legislation.
WASTE DISPOSAL FEE AND ECONOMIC INCENTIVES
Currently, the problem of payments for waste disposal has become particularly relevant. There is no doubt that conceptual changes are ripe in this area, which need to be implemented by amending the current legislation. The key questions facing legislators, law enforcement agencies and natural resource users today are: who should pay for waste disposal and for what period (in relation to storage).
A number of decisions of the Supreme Arbitration Court of the Russian Federation (SAC RF) on the collection of payments for the disposal of production and consumption waste may lead to a significant change in state regulation not only of payments for waste disposal, but also of the entire waste management system: regulation, fees, state supervision and reporting . Currently, this position is reflected in the decisions of lower arbitration courts.
What is the reason for such expectations? The Presidium of the Supreme Arbitration Court of the Russian Federation has made a number of precedent decisions regarding the collection of fees for waste disposal (for example, Resolution of the Supreme Arbitration Court of the Russian Federation dated July 12, 2011 No. 1752/11). The legal position of the Supreme Arbitration Court of the Russian Federation is that it is not the organizations whose activities generate such waste and which receive limits on their disposal, and not the organizations that have ownership rights to waste, but the organizations directly involved in the disposal of production waste that must pay for waste disposal. and consumption.
As a result of a number of precedent decisions made by the Supreme Arbitration Court of the Russian Federation, lower arbitration courts, in accordance with the legal position of the Supreme Arbitration Court of the Russian Federation, began to refuse Rosprirodnadzor to collect fees for waste disposal from natural resource users in whose activities such waste is generated and transferred to third parties for disposal. This led to interesting legal consequences: enterprises that previously paid for waste disposal began to charge federal budget payments made for the last three years. In turn, Rosprirodnadzor began to collect in court the corresponding payments for the last three years from the owners of waste disposal sites. As a result, it is the owners of waste disposal facilities who remain “extreme”, since they did not include the corresponding amounts of retrospective payments in their budgets.
Another important aspect that can radically change the situation with charges for waste disposal is the issue of the need for regular payments for stored waste. Currently, natural resource users pay fees only for the initial disposal of waste for storage. Subsequently, no negative impact fees will be charged for the masses of stored waste. Rosprirodnadzor believes that payments for waste stored at disposal sites should be regular and not one-time.
At the request of Rosprirodnadzor, by the decision of the Supreme Arbitration Court of the Russian Federation dated 06/07/2012 No. VAS-3281/12, the corresponding dispute between the Department of Rosprirodnadzor for the Khanty-Mansiysk Autonomous Okrug Ugra and OJSC Mokhtikneft have been submitted for consideration to the Presidium of the Supreme Arbitration Court of the Russian Federation in the order of supervision, and it is highly likely that the Presidium of the Supreme Arbitration Court of the Russian Federation will make a precedent-setting decision in favor of Rosprirodnadzor. In this case, the owners of waste disposal facilities will be required not only to regularly pay for the current volumes of stored waste, but also to pay the specified fee for the three previous years.
Current legislation provides little incentive for waste producers to recycle or otherwise use it. Even the application of a coefficient of 0.3 to the fee for negative impact when disposing of waste at specialized landfills and industrial sites, equipped in accordance with established requirements and located within the industrial zone of the source of negative impact, in practice causes difficulties and needs to be clarified by the Government of the Russian Federation.
Legislative act establishing legal basis public relations when handling waste, is the Federal Law “On Environmental Protection”. It defines: the obligation to establish standards for the generation of production and consumption waste and limits on their disposal (Article 24); requirements in the field of environmental protection when handling production and consumption waste (Article 51); rights, duties and responsibilities of state inspectors in the field of environmental protection (Article 66).
Special rules governing relations in the field of waste management are contained in the Federal Law “On Industrial and Consumption Waste”. It defines the concept of “waste management” - the activity during which waste is generated, as well as activities for the collection, use, disposal, transportation, and disposal of waste.
Use - involvement of waste into economic circulation (processing of waste in order to obtain new types of products). Recycling - neutralization with simultaneous extraction of useful properties necessary for further production. Disposal refers to the processing of waste, including burning and neutralization of waste in specialized installations in order to prevent it. harmful effects on human health and the environment. Disposal - any operation involving the storage and disposal of waste. Storage - isolation taking into account temporary neutralization (storage) of waste, aimed at reducing their danger to the environment. For storage, the period of its presence in storage areas is established. Disposal is the isolation of waste aimed at preventing the release of pollutants into the environment and the possibility of further use of this waste. Facilities for waste disposal - landfills for the neutralization and disposal of industrial and household waste, sludge accumulators, etc.
Activities for the neutralization and disposal of waste of I-IV hazard classes are subject to licensing (Article 9 of the Federal Law “On Production and Consumption Waste”, paragraph 30 of Article 12 of the Federal Law “On Licensing of Certain Types of Activities”, Decree of the Government of the Russian Federation dated March 28, 2012 g. “On approval of the Regulations on licensing activities for the neutralization and disposal of waste of hazard classes 1-IV” 1). A passport must be drawn up for waste of hazard classes I-IV.
The main requirements for legal entities and individual entrepreneurs when operating enterprises, buildings, structures, structures and other objects related to waste management are: compliance with established requirements in the field of environmental protection; development of draft waste generation standards and limits on their disposal; introduction of low-waste technologies; conducting an inventory of waste and its disposal facilities; monitoring the state of the natural environment in the territories of waste disposal sites; provision in in the prescribed manner necessary information in the field of waste management; compliance with the requirements for preventing accidents related to waste management, taking urgent measures to eliminate them.
The waste generation standard is the established amount of waste of a specific type during the production of a unit of product. The waste disposal limit is the maximum permissible amount of waste of a particular type that is allowed to be disposed of in a certain way for a specified period of time in waste disposal facilities, taking into account environmental situation in this territory. Waste generation standards and limits on their disposal are developed in accordance with the procedure approved by order of the Russian Ministry of Natural Resources dated February 25, 2010 1
Requirements for waste disposal facilities are established in Art. 12 of the Federal Law “On Industrial and Consumption Waste”, according to which the creation of specially equipped structures intended for waste disposal is permitted on the basis of permits issued by specially authorized federal authorities executive power in the field of waste management in accordance with its competence. Determination of the construction site of waste disposal facilities is carried out on the basis of special studies in the manner established by the legislation of the Russian Federation, and in the presence of a positive conclusion of the state environmental assessment.
It is prohibited to bury waste in the territories of urban and rural settlements, forest parks, resorts, medical and health, recreational zones, as well as water protection zones, in drainage areas of underground water bodies that are used for drinking and domestic water supply. It is also prohibited to bury waste in places where mineral deposits occur and where mining operations are carried out in cases where there is a threat of contamination of places where mineral resources occur and the safety of mining operations is carried out. All waste disposal sites are entered into the state register of waste disposal sites.
Resolutions of the Chief State Sanitary Doctor of the Russian Federation dated April 30, 2003 N® 80 1 and May 30, 2001 No. 16 2 introduced sanitary and epidemiological rules and regulations “Hygienic requirements for the disposal and disposal of production and consumption waste.” SanPiN 2.1.7.1322-03 and, accordingly, sanitary rules “Hygienic requirements for the design and maintenance of landfills for solid household waste” SP 2.1.7.1038-01. The rules establish hygienic requirements for the placement, structure, technology, operation mode and reclamation of places of centralized use, neutralization and disposal of production and consumption waste. These requirements do not apply to radioactive waste disposal sites; landfills for solid household and mixed waste; burial grounds for organic matter and animal corpses; warehouses of expired and unusable medicines and pesticides.
Activities in the field of industrial and consumer waste management are subject to state supervision, production and public control. State environmental supervision, including in the field of waste management, is carried out within its competence by the Federal Service for Supervision of Natural Resources (Rosprirodnadzor) and executive authorities of the constituent entities of the Russian Federation in accordance with their competence.
Legal standards regulating the management of production and consumption waste in the Russian Federation are contained, in addition to federal laws, in by-laws and in the legislation of the constituent entities of the Russian Federation. In Art. 22 of the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population” 3 establishes sanitary and epidemiological requirements for collection, use, and disposal.
transportation, storage, burial and disposal of production and consumption waste. Relations when handling waste from mining and related processing industries are regulated by the Law of the Russian Federation On Subsoil, which addresses issues of subsoil use, including for waste disposal (Articles 9, 10, 16, 23). Legal regulation prevention of the negative impact of waste on the environment is also carried out in accordance with the Federal Law “On Environmental Expertise”, according to which contracts providing for the use of production waste are subject to mandatory state environmental expertise (Articles 11, 12). Relations regarding the placement and disposal of waste in water bodies are regulated by water legislation. The Water Code of the Russian Federation prohibits discharge into water bodies and burial of industrial, household and other waste in them (Article 96), as well as contamination of the ice cover of water bodies, glaciers and snowfields with industrial, household and other waste and refuse (Article 101). Federal Law of July 31, 1998 No. 155-FZ “On internal sea waters, territorial sea and adjacent zone of the Russian Federation" 1 the burial of waste and other materials, as well as the discharge of harmful substances in internal sea waters and in the territorial sea is prohibited (Article 37). Federal Law of November 30, 1995 M 187-FZ “On the Continental Shelf of the Russian Federation” 2 establishes that the list of waste and other materials prohibited for burial on the continental shelf is published in “Notices to Mariners”, and also that the disposal of waste and other materials on the continental shelf are allowed only on the basis of a permit, the issuance of which must be preceded by a state environmental assessment, and with the provision of reliable localization of buried waste and other materials (Article 34).
Organs local government, in turn, develop action plans for the implementation of regional waste programs, and also adopt municipal regulatory legal acts in the field of industrial and consumer waste management. Thus, the legislator makes it possible to increase the role of local administrations in the construction and organization of waste disposal facilities, including treatment facilities for waste incineration plants.
Legal regulation of hazardous waste management
Plan
Introduction
Concept and types, classes of waste
Legal regulation of production and consumption waste management
Legal regulation of radioactive waste management
Conclusion
Bibliography
Introduction
The relevance of the topic is due to high level environmental pollution from household and industrial waste and the state of legal regulation in the field of waste management.
The development of industry and agriculture leads to the formation of everything more waste. The world's cities alone annually emit up to 3 billion tons of solid industrial and household waste and more than 500 cubic kilometers of wastewater into the environment. The first place in terms of the amount of polluting organic substances is occupied by industrial waste, followed by urban and agricultural waste. In Russia, 5–7 billion tons of production and consumption waste are generated annually.
Irreparable damage to flora and fauna is caused by chemical contamination of the soil as a result of non-compliance and violation of the rules for storing and burying industrial waste. It must be remembered that any pollution can adversely affect the condition of surface waters and the ability to exploit groundwater.
Among social consequences Environmental pollution by waste poses a central threat to human health. At the international conference “Environmental Protection and Protection of World Peace” held in August 1986 in the city of Varna, one of the reports provided data that at the end of the 70s, about 10% of children in countries such as the USA, France, Germany, Japan, were born with genetic defects. It was noted that if environmental degradation continues at the same rate, then soon this figure will increase sharply.
The purpose of this work is to study the legal regulation of hazardous waste management. In accordance with this goal, it is necessary to disclose the following tasks:
· Give the concept, consider the types and classes of waste
· Describe the legal regulation of certain categories of waste
· Consider the legal regulation of industrial and consumer waste management
· Legal regulation of radioactive waste management
Concept and types, classes of waste
Waste management is one of the most large-scale and complex environmental problems. It manifests itself, on the one hand, in causing environmental damage, on the other hand, the allocation of land areas is required for the disposal of solid waste.
In the context of environmental law, production and consumption wastes are distinguished:
· gaseous waste,
· liquid and solid;
· hazardous waste,
· radioactive waste.
The most general, generic concept is production and consumption waste. It defines two main areas of waste generation - the sphere of production and the sphere of consumption. Production and consumption waste refers to the remains of raw materials, materials, semi-finished products, other items or products that were formed in the process of production or consumption, as well as goods (products) that have lost their consumer properties. Inclusion in the scope of legal regulation of products that have become unusable, for example, medicines, food, is quite justified, since they contain environmentally hazardous chemical or biological components, which justifies the need for their correct disposal.
The main attention in environmental legislation and law is paid to hazardous waste, the incorrect handling of which has (or may have) the greatest negative consequences for nature. Hazardous waste is waste that contains harmful substances, having dangerous properties(toxicity, explosion hazard, fire hazard, high reactivity) or containing pathogens of infectious diseases, or which may represent direct or potential danger for the natural environment and human health independently or when coming into contact with other substances.
The management of such waste is regulated by many legislative and other regulations. legal acts, including Federal Laws “On Environmental Protection”.
In accordance with the law, all waste that is generated as a result of various enterprises and organizations carrying out their activities must be assigned to a certain class of hazard that they may pose to the environment.
Determining a qualitative and quantitative analysis of the composition of waste and calculating the hazard class of waste is necessary for individual entrepreneurs and legal entities whose activities generate hazardous production and consumption waste.
Waste hazard class– characteristics of the relative environmental hazard of waste, which is determined by the degree of its possible negative impact on the environment.
Today, the law establishes five classes of waste, differing in the degree of danger to the natural environment (EN) in the course of direct or indirect influence on it. Waste hazard classes are established in accordance with the accepted Criteria.
· Class 1 – extremely hazardous waste;
· Class 2 – highly hazardous waste;
· Class 3 – moderately hazardous waste;
· Class 4 – low-hazard waste;
· Class 5 – practically non-hazardous waste.
So, to first class hazards include extremely hazardous waste, the degree of harmful influence of which is very high. The criterion for determining waste as extremely hazardous is that the ecosystem suffers irreversible damage, and its recovery period is simply missing. Accordingly, to fifth grade These include practically non-hazardous waste, the degree of negative impact of which on the environment is very low and the ecological system receives practically no disturbances. The process of assigning waste to any class can be carried out in two ways: experimental and computational methods.
Determination of the hazard class of waste is carried out using two methods:
· calculated
· experimental.
The calculation of the hazard class of waste is carried out in accordance with the established Criteria, which classify all waste into five classes. Thus, in accordance with the first class, waste, the release of which irreversibly disrupts the ecological system without the possibility of its restoration, has a very high degree of harmful impact on the natural environment and is considered extremely dangerous. Accordingly, waste of the fifth class almost does not disturb the ecosystem and is practically not dangerous, due to its very low degree of harmful impact on the environment.
The assignment of waste to a specific hazard class is carried out in accordance with the criteria and in the manner established by the federal executive authorities in the field of hazardous waste management.
The list of waste components and their quantitative content is established by the composition of the feedstock and the technological process of its processing or by the results of quantitative chemical analysis.
In order to calculate the hazard class of income, it is necessary to determine the degree of hazard of the waste to the natural environment (EN), subject to its impact on it. Thus, to determine the degree of danger of a waste, and accordingly its assignment to one or another class of waste hazard, a series of mathematical calculations are made. Many indicators are determined in accordance with tables and formulas, various corrections and errors are taken into account. And as a result, the final result is obtained, which has a numerical expression of the danger coefficient. He, in turn, is transferred according to established standards to a certain class.
The waste hazard class established by the waste producer is entered into the hazardous waste passport and agreed upon in Federal service on technological, environmental and nuclear supervision.
Passports for waste of hazard classes 1–5 must be attached to the developed draft standards for waste generation in order to issue a Limit for their disposal.
Currently, in the Russian Federation, a sufficient number of regulations are devoted to the issue of legal regulation of waste management. This is the Federal Law of the Russian Federation of June 24, 1998 No. 89-FZ “On Production and Consumption Waste”, Federal Law of May 4, 1999 No. 96-FZ “On the Protection atmospheric air", Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological welfare of the population", Basel Convention on the control of transboundary transport hazardous waste and their disposal, the Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials (Moscow - Washington - London - Mexico City, December 29, 1972), and some other acts.
According to Article 1 of the Federal Law of the Russian Federation of June 24, 1998 No. 89-FZ “On Production and Consumption Waste”, production and consumption waste is the remains of raw materials, materials, semi-finished products, other products or products that were generated in the process of production or consumption, and also goods (products) that have lost their consumer properties.
Waste management– activities during which waste is generated, as well as activities for the collection, use, disposal, transportation, and disposal of waste.
According to Article 2 of the Federal Law of the Russian Federation of June 24, 1998 No. 89-FZ “On Production and Consumption Waste”, legal regulation in the field of waste management is carried out by this Federal Law, other laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.
Relations in the field of radioactive waste management, emissions of harmful substances into the atmosphere and discharges of harmful substances into water bodies are regulated by the relevant legislation of the Russian Federation.
It is necessary to note the differences established by this law between waste and radioactive waste. If it is still possible to establish some rules in the area of waste management regulations subjects of the Russian Federation, then in the field of legal regulation of radioactive waste management in connection with their special danger not only for the population, but also, possibly, for the state as a whole, exclusive legal regulation of the federation is established. In addition, hazardous waste management activities are subject to licensing.
A mandatory condition for licensing hazardous waste management activities is compliance with the requirements for protecting human health and protecting the natural environment.
The procedure for licensing hazardous waste management activities is determined by the Government of the Russian Federation.
The bodies authorized to license hazardous waste management activities are the State Committee of the Russian Federation for Environmental Protection and its territorial bodies (hereinafter referred to as licensing bodies).
The State Committee of the Russian Federation for Environmental Protection issues licenses for hazardous waste management activities to legal entities and individual entrepreneurs operating throughout the Russian Federation and in the territories of several constituent entities of the Russian Federation.
Territorial bodies of the State Committee of the Russian Federation for Environmental Protection in the constituent entities of the Russian Federation issue licenses for hazardous waste management activities to legal entities and individual entrepreneurs operating in the territory of the corresponding constituent entity of the Russian Federation.
Legal regulation of production and consumption waste management
The legislation provides for a comprehensive approach to regulating waste management, including activities during which waste is generated in the areas of production and consumption, as well as activities for the collection, use, disposal, transportation, and disposal of waste.
State policy in the field of waste management in the Russian Federation is based on principles:
· protection of human health, maintenance or restoration of a favorable state of the natural environment and conservation biological diversity;
· scientifically based combination of environmental and economic interests of society in order to ensure sustainable development of society;
· use of the latest scientific and technical achievements in order to implement low-waste and non-waste technologies;
· comprehensive processing of material and raw materials in order to reduce the amount of waste;
· use of methods economic regulation activities in the field of waste management in order to reduce the amount of waste and involve it in economic circulation;
· access in accordance with the legislation of the Russian Federation to information in the field of waste management;
· participation in international cooperation Russian Federation in the field of waste management.
The management of solid waste from production and consumption is regulated by many legislative and other acts. The most general requirements in the field of environmental protection when handling production and consumption waste are established by the Law on Environmental Protection. According to Art. 51 of the Law, production and consumption waste, including radioactive waste, is subject to collection, use, neutralization, transportation, storage and burial, conditions and methods of which must be safe for the environment and regulated by the legislation of the Russian Federation.
At the same time, in order to avoid environmental harm, the Law prohibits waste disposal in the most environmentally and socially valuable areas. In particular, prohibited:
· disposal of waste in the territories of urban and other settlements, forest parks, resorts, medical and recreational areas, in surface and underground water bodies, in the subsoil and on the soil, in the territories of water protection zones, in drainage areas of underground water bodies that are used for drinking and domestic water supply, for balneological purposes (i.e. use mineral springs, water, mud in medicinal purposes), to extract valuable mineral resources;
· placement of hazardous waste and radioactive waste in areas adjacent to urban and rural settlements, in forest parks, resorts, medical and recreational areas, on animal migration routes, near spawning grounds and in other places where a danger to the environment may be created , natural ecological systems and human health;
· burial of waste in places where mineral deposits occur and mining operations are carried out in cases where there is a threat of contamination of places where mineral deposits occur and the safety of mining operations is carried out.
Law prohibits also the import of hazardous waste and radioactive waste into the Russian Federation for the purpose of their disposal and neutralization.
The goals of preventing or minimizing environmental and ecogenic harm created by production and consumption waste are achieved through the establishment in legislation of various measures and requirements that form the legal mechanism for handling such waste.
The mechanism for handling them is provided for by the Law on Industrial and Consumption Waste. The provisions of this Law were developed in a number of by-laws: Rules for the development and approval of standards for waste generation and limits on their disposal, approved by the Decree of the Government of the Russian Federation of June 16, 2000; The procedure for maintaining the state waste cadastre and certification of hazardous waste, approved by the Decree of the Government of the Russian Federation of October 26, 2000; Decree of the Government of the Russian Federation dated July 1, 1996 “On government regulation and control of transboundary transport of hazardous waste”, etc., as well as in the laws of the constituent entities of the Russian Federation, where relevant laws accepted.
An important role in environmental protection is played by the following requirements: for enterprises and other facilities that generate waste; to waste management in urban and other settlements; to waste disposal facilities; for professional training of persons authorized to handle hazardous waste; to the transportation of hazardous waste.
Waste collection
When determining the waste collection procedure, compliance with environmental, sanitary and other requirements in the field of environmental protection and human health must be ensured.
One of the most common methods of waste disposal in the world and in Russia is its placement in specially equipped facilities (landfills, landfills). Determination of the construction site of waste disposal facilities is carried out on the basis of special (geological, hydrological and other) studies in the manner established by the legislation of the Russian Federation, and in the presence of a positive conclusion of the state environmental assessment. In order to have information about waste disposal sites, waste disposal sites are entered into the state register of these facilities.
In the territories of waste disposal sites and within the limits of their impact on the natural environment, monitoring of the state of the natural environment must be carried out. The obligation to carry it out is assigned to the owners of waste disposal facilities, as well as to persons who own or use these facilities. After the end of operation of these objects, these same entities are obliged to monitor their condition and impact on the environment, as well as work to restore disturbed lands.
Only persons with professional training confirmed by certificates for the right to work with them may be allowed to handle hazardous waste. Responsibility for allowing employees to work with hazardous waste lies with the relevant official of the organization.
Transporting hazardous waste
These actions are performed in accordance with the following requirements:
Availability of a hazardous waste passport
availability of specially equipped and equipped special signs Vehicle;
· compliance with safety requirements for the transportation of hazardous waste to vehicles;
· availability of documentation for the transportation and transfer of hazardous waste, indicating the amount of hazardous waste transported, the purpose and destination of its transportation.
Russian legislation imposes special requirements for transboundary movement of waste. The import of waste into the territory of the Russian Federation for the purpose of its use is carried out on the basis of a permit issued in the manner established by the Decree of the Government of the Russian Federation “On state regulation and control of transboundary transport of hazardous waste.”
The law contains some special requirements regarding the management of hazardous waste (Article 14). Depending on the degree of harmful impact on the environment and human health, they are divided into hazard classes. Hazard criteria established by the Ministry natural resources RF. A passport for hazardous waste must be drawn up based on data on the composition and properties of hazardous waste and an assessment of its danger. The procedure for certification is determined by the Government of the Russian Federation.
Organizationally legal measures to ensure proper waste management:
· licensing;
· rationing;
· accounting and reporting;
· maintaining the state cadastre;
· control (state, industrial and public);
· legal liability,
measures of economic regulation of waste management are also applied.
Licensing
In accordance with the law, many types of activities related to the management of production and consumption waste are permitted only on the basis of a license (permit). These types of activities include, in particular, any activity related to hazardous waste management; creation of waste disposal facilities; handling of scrap and waste of non-ferrous and (or) ferrous metals.
Based on the Regulations on licensing activities for hazardous waste management, approved by the Government of the Russian Federation on May 20, 1999, a license to carry out waste management is issued.
This license is issued by the Ministry of Natural Resources of the Russian Federation and its territorial bodies in the manner established by the above Regulations on licensing activities for hazardous waste management.
Rationing
This direction is new in environmental activities. It began to develop with the adoption of the Law on Industrial and Consumption Waste. The law provides for two types of standards:
waste generation
· limits on their placement.
Waste generation standard
Determines the established amount of waste of a specific type during the production of a unit of product.
Limits on waste disposal.
They are developed in accordance with the standards for maximum permissible harmful effects on the natural environment, the quantity, type and hazard classes of waste generated and the area (volume) of the site for their disposal; they establish the maximum permissible amount of waste of a particular type that is allowed to be disposed of in a certain way for a specified period of time in accommodation facilities waste taking into account the environmental situation of the given territory.
The requirements relating to these standards are determined by the Rules for the development and approval of waste generation standards and limits on their disposal, approved by the Decree of the Government of the Russian Federation of June 16, 2000.
The validity period of the approved disposal limits varies and depends both on the type of activity that generates waste, the location of its implementation, and on the type of waste. By general rule limits on waste disposal are established for a period of 5 years, subject to annual confirmation by individual entrepreneurs and legal entities of the unchanged production process and raw materials used. For subsoil users, limits on waste disposal are established for the duration of the subsoil use license in accordance with the mineral deposit development project. Limits on the disposal of hazardous waste for individual entrepreneurs and legal entities are established for the duration of the license to carry out activities related to the management of such waste.
Accounting and reporting, cadastre maintenance, certification of hazardous waste
The law imposes an obligation to keep records of generated, used, neutralized, transferred to other persons or received from other persons, as well as disposed waste. The procedure for such accounting is established by specially authorized federal executive bodies in the field of waste management in accordance with their competence, and the procedure for statistical accounting in the field of waste management is established by a specially authorized federal executive body in the field of statistical accounting. Accounting materials are retained by entities operating in the field of waste management for a period determined by specially authorized federal executive authorities in the field of waste management.
These entities are required to submit reports on their waste management activities. The procedure and deadlines for their submission are determined by the specially authorized federal executive body in the field of statistical accounting in agreement with the specially authorized federal executive bodies in the field of waste management. Reports include information about the origin, quantity, composition, properties, hazard class of waste, conditions and specific sites for their disposal, technologies for their use and disposal.
Based on the information provided, the Ministry of Natural Resources of the Russian Federation and its territorial bodies carry out work on certification of hazardous waste and maintain a state waste cadastre. State cadastre waste management is maintained according to a unified system for the Russian Federation with the participation of executive authorities of the constituent entities of the Russian Federation and includes a federal classification catalog of waste, a state register of waste disposal sites, a data bank on waste and on technologies for the use and disposal of various types of waste.
Based on the decree of the Government of the Russian Federation of October 26, 2000, the state cadastre and procedure for certification of hazardous waste are maintained. Measures for economic regulation of waste management include programs in the field of waste management, fees for waste disposal, measures of economic incentives for activities in the field of waste management.
The law provides for the development of programs in the field of waste management at the federal and regional levels. Such programs are developed in order to plan measures to reduce the amount of waste, its use, disposal and disposal. This takes into account the state of the natural environment, as well as the level of socio-economic development of the territories. Responsible for the development of programs are federal executive authorities and executive authorities of constituent entities of the Russian Federation. The implementation of programs is financed in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Federation.
State, industrial and public control
State control is a check of compliance with waste management requirements. It is carried out by specially authorized federal executive authorities in the field of waste management and executive authorities of the constituent entities of the Russian Federation.
Production control is carried out by legal entities operating in the field of waste management. They are the ones organizing it. The procedure for carrying out production control is determined by legal entities in agreement with specially authorized federal executive authorities in the field of waste management.
Public control is exercised by citizens or public associations.
Legal liability
For violation of the legislation of the Russian Federation in the field of waste management, officials and citizens bear disciplinary, administrative, criminal or civil liability, and legal entities bear administrative and (or) civil liability in accordance with the legislation of the Russian Federation.
Waste disposal fee
Is the most important element economic mechanism for environmental protection and a type of payment for negative impact on nature. This fee is charged to individual entrepreneurs and legal entities whose activities generate solid waste. The collection of fees is regulated by the laws on production and consumption waste, on environmental protection, the Tax Code of the Russian Federation and other acts. Fee rates for waste disposal vary depending on the environmental situation in a particular area. Differentiated payment rates are established by executive authorities of the constituent entities of the Russian Federation in agreement with specially authorized federal executive authorities in the field of waste management.
Economic incentives for activities
In this area it is carried out through:
· reducing the amount of fees for waste disposal to individual entrepreneurs and legal entities carrying out activities during which waste is generated, when they introduce technologies that reduce the amount of waste;
· application of accelerated depreciation of fixed production assets associated with activities in the field of waste management.
Legal regulation of radioactive waste management
In accordance with the Law “On the Use of Atomic Energy” dated November 21, 1995 No. 170-FZ, radioactive waste– these are nuclear materials and radioactive substances, the further use of which is not envisaged. Waste is generated at all stages of operation of nuclear industry enterprises: during uranium mining, at factories producing nuclear fuel from uranium for nuclear power plants (NPPs), during normal operation of NPPs, during dismantling of NPPs that have exhausted their service life. Spent nuclear fuel (SNF) from most reactors is not reprocessed and therefore may be classified as radioactive waste. If spent nuclear fuel is reprocessed to produce new nuclear fuel, a large amount of waste is generated during the recycling process. Nuclear reactors also produce radioactive waste and spent nuclear fuel. submarines and icebreakers. Radioactive waste also includes radioisotope thermoelectric generators (RTGs), which use the decay energy of highly active strontium. About one and a half thousand of these devices were installed in deserted places in the USSR to power lighthouses and various equipment, but they have already exhausted their service life and must be dismantled. The substances contained in radioactive waste - plutonium, cesium, californium and other radioactive elements - will remain extremely dangerous for hundreds and thousands of years. All the while, future generations will need to ensure that waste does not end up in the environment or end up in the hands of terrorists. The purpose of the first reactors was to produce materials for atomic bombs, in particular plutonium. The half-life of plutonium (the time during which the amount of a dangerous element is reduced by 2 times) is 24 thousand years. Plutonium is destructive to all living things. This element did not exist on Earth before the construction of nuclear reactors. Living organisms during evolution were not adapted to this radioactive element. The safest option is to store radioactive waste and spent fuel in underground mines, but even countries that have chosen this method have faced high costs and previously unaccounted for risks. Today, in no country in the world there are radioactive waste storage facilities designed for more than 50 years.
Radioactive waste poses a danger to humanity, therefore rules and regulations for the management of radioactive waste are established International Commission on Radiological Protection (ICRP), the International Atomic Energy Agency (IAEA) and National Codes and Regulations. There are basic sanitary rules for working with radioactive substances and other sources of ionizing radiation (OSP - 72/87) and Sanitary Rules for the Management of Radioactive Waste (SPORO-85), which regulate the procedure for the collection, disposal, storage and disposal of radioactive waste. The safety of radioactive waste management is regulated by the Radiation Safety Standards (NRB-76/87). In accordance with these norms and regulations, waste can be liquid, solid, or gaseous. Liquid waste includes: solutions, pulps, organic liquids, and are considered radioactive if the content of individual radionuclides or their mixtures exceeds the permissible concentrations in water. Liquid radioactive waste, in turn, is divided into: low-level, intermediate-level and high-level. Solid waste (spent nuclear fuel, radiation sources, equipment, ion exchange resins, filters, combustible materials, biological objects) are considered radioactive if their activity exceeds certain indicators.
Radioactive waste management methods and their sequence. There are four main approaches to radioactive waste management:
· purification of dust, gas and liquid waste from highly active impurities with subsequent discharge of low-level radioactive waste into the atmosphere or water bodies, where they are diluted to permitted levels.
· discharge of liquid radioactive waste of low and medium activity into filter wells and artificial underground cavities in clayey strata.
· holding in order to reduce activity in temporary storage (from several days to tens of years) before processing and discharge into the environment. During temporary storage of high-level liquid and solid radioactive waste, forced cooling is provided. Violation of storage conditions can have catastrophic consequences. For example, September 29, 1957 near the city of Kyshtym ( Southern Urals) there was an explosion of a container with high-level radioactive waste. As a result, a mixture of radionuclides was released into the atmosphere.
· processing of radioactive waste in order to reduce its volume and carrying out work to isolate radioactive waste from the biosphere.
For liquid radioactive waste, precipitation, extraction, ion exchange (chemical processing methods), as well as distillation and solidification (physical methods) are used. Solid radioactive waste is processed by pressing, incineration, calcination, and the remains are captured and buried. There are no reliable, absolutely safe methods for disposing of solid radioactive waste. Gaseous radioactive waste is processed through chemical absorption: adsorption, filtration, and is stored in cylinders at elevated pressure.
The final product of processing various radioactive wastes is immobilized solid radioactive waste in the form of compact blocks.
Used for immobilization and isolation of solid radioactive waste. following methods:
· cementation and bituminization of radioactive waste with low and medium specific activity
High temperature firing: calcination and supercalcination to produce sintered particles
· vitrification using borosilicate or phosphate glasses, packaging in stainless steel and lead containers.
Long-term storage of processed radioactive waste is carried out in trenches, above-ground or shallow underground engineering structures equipped with systems for monitoring the migration of radionuclides. Burial is carried out in continental geological structures: underground workings, salt layers, natural cavities and on the ocean floor in seismically safe areas. As a theoretically possible disposal of radioactive waste, the transformation (transmutation) of long-lived radionuclides into short-lived ones by irradiation in a reactor or accelerator is considered. The choice of type of disposal depends on the specific activity and radionuclide composition of radioactive waste, the degree of sealing of the packages and the probable duration of disposal. The mechanisms of migration of radionuclides from storage (or burial) sites into the environment may be different. The main reason is the leaching of radionuclides from packages and the destruction of containers by water. Radioactive waste is buried in specially equipped stainless steel containers placed in the surface layers of the earth above the level groundwater. Transportation, processing and disposal of radioactive waste is carried out at special points or specialized plants. The burial site must be located outside the territory promising development settlements And suburban areas at a distance of at least 500 meters from reservoirs and water intakes, in non-flooded and non-wetland areas. A sanitary protection zone with a radius of at least 1000 meters is established around the point or plant.
The disposal site service carries out systematic radiation monitoring, including monitoring the nuclide composition of radioactive substances in aerosols, water, open reservoirs, groundwater, fallout from the atmosphere, in soil, bottom sediments, vegetation and locally produced food, hydrobionts, locally produced food products. The observation zone is 3–4 times larger than the sanitary protection zone.
In the context of Art. 71 of the Constitution of the Russian Federation, radioactive waste containing nuclear materials are federal property. The owners of nuclear installations, radiation sources, and radioactive waste are obligated by law to exercise control over their safety and proper use. In other words, the owner ensures that they are treated in an environmentally correct manner.
The legislation provides both general requirements for radioactive waste management and specific measures.
The Atomic Energy Act established important requirements for the storage and processing of radioactive waste. Must be provided reliable protection workers of nuclear energy facilities, the population and the environment from radiation exposure unacceptable in accordance with the rules and regulations in the field of atomic energy use and radioactive contamination. Storage of radioactive waste should be considered as a stage of its preparation for processing or disposal. Temporary technological storage of irradiated fuel assemblies of nuclear reactors in order to increase safety and reduce costs during subsequent handling and their processing in order to extract valuable components from them is carried out in accordance with the legislation of the Russian Federation. Reprocessing of spent nuclear fuel in order to extract valuable components from it must be carried out in accordance with the legislation of the Russian Federation.
According to Art. 48 of the Law, when storing or burying radioactive waste, its reliable isolation from the environment, protection of present and future generations must be ensured, biological resources from radiation exposure in excess of the limits established by the norms and rules in the field of atomic energy use. Storage or burial of such waste is permitted only in storage facilities specifically designed for this purpose. Their storage or disposal must be provided for in the design or technical documentation as a mandatory stage of any nuclear technology cycle. The procedure for organizing, collecting and disposing of radioactive waste, as well as the bodies carrying out this activity, are determined by the Government of the Russian Federation in accordance with the legislation of the Russian Federation.
The current legislation also provides for the following series of organizational and legal measures designed to ensure the safe management of radioactive waste:
· radioactive waste management programs;
· licensing of radioactive waste management activities;
· accounting and control of radioactive waste;
· legal liability.
Taking into account the complexity of practical solutions to problems of radioactive waste management from social, economic, environmental and technical points of view, the formation and implementation of programs for radioactive waste management is essential. The solution of these problems is assigned by the Law to the competence of the authorities governing the use of atomic energy.
Handling of radioactive waste is permitted only in accordance with the permitting procedure. Licensed types of activities in the field of radioactive waste management are determined by Government Decree No. 340 of May 23, 2002 “On approval of the Regulations on licensing activities for the management of hazardous waste” and Order of the Ministry of Natural Resources of Russia No. 451 of July 18, 2002 “On licensing of activities for the management of hazardous waste” hazardous waste" establishes licensing requirements for enterprises whose activities are related to the management of hazardous waste, a list of documents to be provided, and requires an environmental assessment of the planned activity. Order of the Ministry of Natural Resources of the Russian Federation No. 483-r dated December 2, 2002 approved “ Guidelines on organizing licensing of hazardous waste management activities on the territory of the Russian Federation.” These include:
· placement, construction, operation and decommissioning of radioactive waste storage facilities;
· management of radioactive waste during its storage, processing, transportation and disposal;
· design and construction of radioactive waste storage facilities;
· design and manufacture of equipment for radioactive waste storage facilities.
· carrying out an examination of design, design, technological documentation and documents justifying the provision of nuclear and radiation safety of radioactive waste storage facilities and radioactive waste management activities.
State accounting and control of radioactive waste according to current legislation are classified as the main measures for regulating the management of such waste. These measures are regulated in the Law simultaneously. According to Art. 22 radioactive substances and radioactive waste are subject to state accounting and control at the federal, regional and departmental levels.
The procedure for organizing the system of state accounting and control of radioactive substances and radioactive waste, as well as the bodies carrying out state accounting and control of nuclear materials and state accounting and control of radioactive substances and radioactive waste, are determined by the Rules for organizing the system of state accounting and control of radioactive substances and radioactive waste, approved Decree of the Government of the Russian Federation of October 11, 1997 No. 1298.
The legislation regulates disciplinary, administrative, criminal and civil liability for violation of requirements for the management of radioactive waste.
Radioactive waste is one of the most important problems facing humanity. The main task - the processing and disposal of already accumulated radioactive waste - cannot currently be considered completely solved.
Conclusion
From all of the above, we can conclude that radioactive waste is very dangerous not only for all of humanity, but also for the entire “blue” planet. Buried objects are sources of radioactive contamination, as a result of imperfect designs, throughout their existence. This radiation is insignificant, but in the event of an accident it increases many times.
Throughout our country, state control over the radiation situation is carried out. All nuclear materials are subject to state accounting and control at various levels state power. The state also regulates safety in the use of atomic energy with the help of specially authorized federal executive authorities. They enact norms and rules in the field of the use of atomic energy, supervise their implementation, conduct examinations of nuclear installations, apply administrative measures and perform other functions related to ensuring safety in the use of atomic energy.
Citizens of the Russian Federation have the right to radiation safety, which is ensured by measures to prevent radiation effects on the human body of ionizing radiation above established norms and rules, compliance by citizens and organizations carrying out activities using sources ionizing radiation, requirements for ensuring radiation safety.
General principles, requirements and main directions for ensuring radiation safety, the rights and obligations of citizens and their associations, the powers of competent authorities, as well as control in this area are regulated by the Federal Laws “On Radiation Safety of the Population”, “On the Use of Atomic Energy” and other regulations .
Citizens have the right to regularly receive reliable and timely information about factors that contribute to the preservation of health or have a harmful effect on it, including information about the sanitary and epidemiological well-being of the area of residence, about products, works, services, their compliance with sanitary norms and rules, about other factors, including from organizations operating with the use of sources of ionizing radiation, within the limits of the functions they perform, about the radiation situation and the measures taken to ensure radiation safety.
General safety problems include a global set of measures from justification of requirements for personnel and the formation of access regimes to information and work to restrictions on radiation, electrical, fire, and explosion safety measures. Currently, the problems of accounting for ROO have become particularly relevant, so the reporting system requires optimization. Safety considerations cannot but be taken into account at the earliest stages of ROO design, therefore, appropriate requirements must be imposed on structural systems and software and hardware to ensure the safe operation of ROO. Subject to compliance with all objective safety parameters, the subjective factor becomes of paramount importance in compliance with safety measures, uninterrupted functioning of operating systems, and organizational and technical measures to prevent unauthorized actions. Of no small importance is training in measures to prevent and reduce accidents and the consequences of accidents, for which personnel must be able to work in a comprehensive control system, act promptly and competently when localizing accidents that have occurred, and carry out a set of priority and subsequent measures to eliminate the consequences of accidents.
Bibliography
1. Constitution of the Russian Federation.
2. Basel Convention on the control of transboundary movements of hazardous wastes and their disposal. The Convention was adopted on March 22, 1988, and entered into force in Russia on May 5, 1992.
3. International convention on the prevention of sea pollution by dumping waste and other materials (Moscow-Washington-London-Mexico City 12/29/1972)
4. Federal Law of the Russian Federation dated January 10, 2002 No. 7-FZ “On Environmental Protection”
5. Federal Law of the Russian Federation dated June 24, 1998 No. 89-FZ “On production and consumption waste”
6. Federal Law of the Russian Federation dated May 4, 1999 No. 96-FZ “On the protection of atmospheric air”,
7. Federal Law of the Russian Federation dated March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population”,
8. Federal Law of the Russian Federation dated November 21, 1995 No. 170-FZ “On the use of atomic energy”
9. Federal Law of the Russian Federation dated January 9, 1996 No. 3-FZ “On Radiation Safety of the Population”
10. Decree of the Government of the Russian Federation of October 26, 2000 No. 818 “On the procedure for maintaining state cadastres and carrying out certification of hazardous waste”
11. Decree of the Government of the Russian Federation of May 23, 2002 No. 340 “On approval of the Regulations on licensing activities for hazardous waste management”
12. Decree of the Government of the Russian Federation dated July 1, 1996 No. 766 “On state regulation and control of transboundary transport of hazardous waste”
13. Order of the Ministry of Natural Resources of the Russian Federation No. 451 dated December 2, 2002 No. 451 approved “Methodological recommendations for organizing licensing of hazardous waste management activities on the territory of the Russian Federation.”
14. Sanitary rules 2.6..1168–02 “Sanitary rules for radioactive waste management” (SPORO‑2002)
15. Order of the Ministry of Natural Resources of the Russian Federation dated June 15, 2001 No. 511 “On approval of the Criteria for classifying waste of hazard classes 1–5 as a hazard class for the natural environment”
16. Romanyuk G.G., Markod S.G. On the formation of an environmental certification system. – Orenburg: OSU, 1997. – P. 122.
17. Brinchuk M.M. Legal protection environment from pollution with toxic substances. – M.: Nauka, 1990. - P. 12.
Romanyuk G.G., Markod S.G. On the formation of an environmental certification system. - Orenburg: OSU, 1997.- P. 122.
Brinchuk M.M. Legal protection of the environment from pollution by toxic substances. - M.: Nauka, 1990.-P.12.
Order of the Ministry of Natural Resources of the Russian Federation dated June 15, 2001 N 511 "On approval of the Criteria for classifying waste of hazard classes 1-5 as a hazard class for the natural environment"
Waste management- activities during which waste is generated, as well as activities for the collection, use, disposal, transportation, and disposal of waste. In the same law, in the same article 1, a definition is given and hazardous waste- waste that contains harmful substances that have hazardous properties (toxicity, explosion hazard, fire hazard, high reactivity) or contain pathogens of infectious diseases, or which may pose an immediate or potential danger to the natural environment and human health independently or upon coming into contact with other substances.
According to the SanPin resolution, waste is divided into four hazard classes according to the degree of impact on humans and the environment:
Class 1 - extremely dangerous,
Class 2 - highly dangerous,
Class 3 - moderately dangerous,
Class 4 - slightly dangerous.
Currently in the Russian Federation, waste management is regulated by many legislative and other regulatory legal acts, such as:
Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste”
Federal laws "On environmental protection".
Federal Law of March 30, 1999 N 52-FZ “On the Sanitary and Epidemiological Welfare of the Population”, Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Materials (Moscow - Washington - London - Mexico City, December 29, 1972),
Order of the Government of the Russian Federation of September 1, 1995 N 1197-r “On the target program “Reprocessing and disposal of metallic radioactive waste”.
Decree of the Government of the Russian Federation of September 13, 1996 N 1098 "O According to Article 2 of the Federal Law of the Russian Federation of June 24, 1998 N 89-FZ "On production and consumption waste", legal regulation in the field of waste management is carried out by this Federal Law, other laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.
The main attention in environmental legislation and law is paid to hazardous waste, the incorrect handling of which has (or may have) the greatest negative consequences for nature. At the same time, the differences in legal regulation between ordinary and hazardous waste can be significant and implemented at different levels of government. For example, relations in the field of radioactive waste management, emissions of harmful substances into the atmosphere and discharges of harmful substances into water bodies are regulated by the relevant legislation of the Russian Federation. At the same time, it is not allowed for the constituent entities of the Russian Federation to establish rules in this area due to their particular danger not only for the population, but also, possibly, for the state as a whole.
Legal regulation in the field of waste management is aimed at preventing the harmful effects of production and consumption waste on human health and the environment, as well as involving such waste into economic circulation as additional sources of raw materials. It is carried out in accordance with the Federal Law “On Production and Consumption Waste”.
Basic principles public policy in the field of waste management are:
· protection of human health, maintenance or restoration of a favorable state of the natural environment and conservation of biological diversity;
· scientifically based combination of environmental and economic interests of society in order to ensure sustainable development of society;
· use of the latest scientific and technical achievements in order to implement low-waste and non-waste technologies;
· complex processing material and raw materials resources in order to reduce the amount of waste;
· use of methods of economic regulation of activities in the field of waste management in order to reduce the amount of waste and involve it in economic circulation;
· access, in accordance with the legislation of the Russian Federation, to information in the field of waste management;
· participation in international cooperation of the Russian Federation in the field of waste management.
The right of ownership of waste belongs to the owner of the raw materials, intermediate products, products (goods) as a result of the use of which this waste was generated. It can be acquired by another person on the basis of a transaction on the alienation of waste (under a purchase and sale agreement, exchange, donation).
The owner of hazardous waste has the right to alienate it into the ownership of another person, transfer to him (while remaining the owner) the right to own, use or dispose of it, if this person has a license to carry out activities in the field of hazardous waste management.
The person in whose ownership, possession or use is land plot, reservoir or other object where there is waste abandoned by the owner, can turn it into his property by starting to use it or in another legal way.
The powers of authorities in the field of waste management are divided between the Russian Federation and the constituent entities of the Russian Federation.
The powers of the Russian Federation, in particular, include:
· licensing of activities in the field of hazardous waste management;
· establishing state standards, rules, regulations and requirements safe handling with waste;
· implementation of prevention and elimination measures emergency situations natural and technogenic nature arising during waste management.
The powers of the subjects of the Russian Federation, in particular, are:
· design and construction of waste disposal facilities, as well as waste use and disposal facilities;
· organization and implementation of state control and supervision of activities in the field of waste management;
· carrying out measures to prevent and eliminate emergency situations of a natural and man-made nature that arose during waste management.
General requirements for waste management. The Waste Law establishes a number of general requirements handling them:
1. Activities related to hazardous waste management are subject to licensing. A mandatory condition for licensing is compliance with the requirements for protecting human health and protecting the environment.
2. When designing, constructing, reconstructing, preserving and liquidating enterprises, buildings, structures, structures and other objects during the operation of which waste is generated, the following is required:
· presence of a positive conclusion of the state environmental assessment;
· compliance with environmental, sanitary and other requirements in the field of environmental protection and human health;
· availability of technical and technological documentation on the use and disposal of generated waste;
· providing sites for collecting waste generated during operation.
3. When operating enterprises, buildings, structures, structures, individual entrepreneurs and legal entities are obliged, in particular:
· deploy low-waste technologies based on the latest scientific and technical achievements;
· carry out an inventory of waste and its disposal facilities;
· monitor the state of the natural environment in the territories of waste disposal sites;
· comply with the requirements for preventing accidents related to waste management and take urgent measures to eliminate them;
· in the event of the occurrence or threat of accidents, immediately inform the specially authorized federal executive authorities in the field of waste management, executive authorities of the constituent entities of the Russian Federation, and local government authorities.
4. Requirements for waste disposal facilities (WDF). Waste disposal facility is a specially equipped structure designed for waste disposal (landfill, sludge storage facility, tailings storage facility, dump rocks and other). The law establishes the following basic requirements for ORO:
· the creation of ORO is permitted on the basis of permits issued by specially authorized federal executive authorities;
· determination of the construction site of the environmental protection facility is carried out in the presence of a positive conclusion of the state environmental assessment;
· on the territory of the ORO and within the limits of their impact on the natural environment, the owners of the ORO are obliged to monitor the state of the natural environment;
· owners of environmental protection facilities, as well as persons in whose possession or use they are, are obliged to monitor their condition and impact on the environment and work to restore disturbed lands;
· it is prohibited to dump waste in the territories of urban and other settlements, forest parks, resorts, medical and health, recreational zones, as well as water protection zones, in drainage areas of underground water bodies that are used for drinking and domestic water supply. It is prohibited to bury waste in areas where mineral deposits occur and mining operations are carried out in cases where there is a threat of contamination of the areas where mineral resources occur and the safety of mining operations is carried out;
· ORO are entered into the state register.
5. The territories of urban and other settlements are subject to regular cleaning of waste in accordance with environmental, sanitary and other requirements.
6. Requirements for hazardous waste management. Hazardous waste - waste that contains harmful substances that have hazardous properties (toxicity, explosion hazard, fire hazard, high reactivity) or contain pathogens of infectious diseases, or which may pose an immediate or potential danger to the environment and human health independently or when entering into contact with other substances.
Depending on the degree of harmful impact, hazardous waste is divided into hazard classes in accordance with established criteria. Individual entrepreneurs and legal entities are required to confirm that the hazardous waste they generate is classified in a specific class. A passport must be drawn up for hazardous waste.
The activities of individual entrepreneurs and legal entities, in the process of which hazardous waste is generated, may be limited or prohibited in the manner established by the legislation of the Russian Federation in the absence of a technical or other opportunity to ensure safe handling of hazardous waste for the environment and human health. (Let us pay attention to the provision of the Law: “may be limited or prohibited”, which means it may not be limited or prohibited. Such a provision is unlikely to ensure security.)
7. Persons who are authorized to handle hazardous waste are required to have professional training confirmed by certificates for the right to work with hazardous waste. Responsibility for allowing employees to work with hazardous waste lies with the relevant official of the organization.
8. Transportation of hazardous waste must be carried out at following conditions:
· availability of a hazardous waste passport;
· availability of specially equipped vehicles and equipped with special signs;
· compliance with safety requirements for transporting hazardous waste on vehicles;
· availability of documentation for the transportation and transfer of hazardous waste, indicating the amount of hazardous waste transported, the purpose and destination of its transportation.
9. Requirements for transboundary movement of waste. Transboundary movement of waste is the movement of waste from a territory under the jurisdiction of one state to a territory (through territory) under the jurisdiction of another state, or to an area not under the jurisdiction of any state, provided that such movement of waste affects the interests of at least two states.
Import of waste into the territory of the Russian Federation:
· for the purpose of their burial and neutralization is prohibited;
· for the purpose of use - carried out on the basis of a permit issued in the prescribed manner.
Rationing, accounting and reporting in the field of waste management. Individual entrepreneurs and legal entities develop draft standards for waste generation and limits on their disposal, which are approved in the manner established by the Government of the Russian Federation.
Waste disposal limit is the maximum permissible amount of waste of a particular type that is allowed to be disposed of in a certain way for a specified period of time in waste disposal facilities, taking into account the environmental situation in the given territory.
The waste generation standard is the established amount of waste of a specific type during the production of a unit of product.
Limits on waste disposal are set in accordance with the maximum acceptable standards impact on the natural environment.
If standards and limits are violated, business activities may be limited, suspended or prohibited.
Individual entrepreneurs and legal entities are obliged to:
· maintain, in accordance with the established procedure, records of generated, used, neutralized, transferred to other persons or received from other persons, as well as disposed waste;
· provide appropriate reporting in a timely manner.
State waste cadastre. In the Russian Federation, the State Waste Cadastre is maintained according to a unified system. It includes a federal classification catalog of waste, a state register of waste disposal sites, as well as a data bank on waste and technologies for the use and disposal of various types of waste.
Economic incentives in the field of waste management. Economic stimulation is carried out in the following directions:
1. Reducing the amount of waste and involving it in economic circulation. For these purposes, federal and regional programs in the field of waste management are being developed.
2. Payment for waste disposal at differentiated rates, established taking into account the environmental situation in the relevant territory on the basis of basic standards determined by the Government of the Russian Federation.
3. Economic stimulation, carried out, in particular, through:
· lower fees when introducing technologies that reduce waste;
· application of accelerated depreciation of fixed production assets associated with activities in the field of waste management.
Control. Activities in the field of waste management are subject to state (at the federal and regional levels), industrial and public control.
State control provides, in particular, for bringing guilty individual entrepreneurs and legal entities to responsibility in the prescribed manner, applying penalties, filing claims for compensation for damage caused to the environment natural environment and human health as a result of violation of the legislation of the Russian Federation in the field of waste management.
The procedure for carrying out production control is determined by legal entities in agreement with specially authorized federal executive authorities.
Responsibility. Failure to comply or improper compliance with the legislation of the Russian Federation in the field of waste management by officials and citizens entails disciplinary, administrative, criminal or civil liability.
Claims for restriction, suspension or termination of the activities of legal entities carried out in violation of the legislation of the Russian Federation in the field of waste management are considered:
· in relation to legal entities - by court or arbitration court;
· in relation to individual entrepreneurs - by the court.
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